My STEM-OPT got denied.Should I have to apply for Motion to reconsider ? Is it a good thought to do so ?


#1

I got the denial letter from USCIS for my STEM-OPT Extension on 2/19/19.I have sent my application packet before the deadline.My Initial OPT end date is 10/10/18 and they received my packet on 10/5/18.But I din’t sign in the Applicant’s signature field in I-765 Form.Due to the missing of sgnature field in I-765 Form they sent back the packet and there was one extra blue sheet in the packet saying that it should be placed on top of the packet while resubmitting the application again.I spoke to one of the USCIS representative and explained my situation but I was notified that it would be no big deal and can resend after the deadline.I Signed in I-765 and placed the sheet on top in the packet.They recieved the packet on 11/2/18.But I got the denial letter on 2/19/19 and the reason is they received the packet after the end date of my initial OPT period.In the denial letter it is mentioned that I can apply for Motion to reconsider(MTR).I have talked to some attorneys and my friends and they said It is of no use and just a waste of time.Please suggest me that should I apply for MTR ? Can you also suggest me what kind of supporting documents that needed to be attached with the application


#2

Well, technically you missed the deadline…But, it is not a bad idea to try it out, worst case, it may not work…but maybe you get lucky…If it is not too much effort for MTR, go for it. You can submit a requisition letter stating the case and indicating that you originally filed it on time and due to the issue, you had to re-submit… You can plead your case by stating your honest mistake and request for re-consideration. You can talk to your DSO to get further guidance.